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A. When county territory is included within the boundaries of a newly incorporated city or town, all codes, rules and regulations made, established, adopted or enacted by such county, relating to zoning, building, plumbing, mechanical, electrical and health and sanitation shall apply within such newly incorporated city or town and shall be enforced by county officers from and after the date of such incorporation until July 1 next following such incorporation or until such time prior to the expiration of such fiscal year as the governing body of such city or town, by resolution or conflicting ordinance, supersedes such county code, rules or regulations.
B. All county services previously provided within such territory, including, but not limited to, law enforcement, public safety , maintenance of streets and public improvements, drainage, sewers and sewage disposal shall be continued through county officers and at county expense during the period from and after the date of such incorporation until July 1 next following such incorporation or until such time prior to the end of such fiscal year as the governing body of such city or town, by resolution or conflicting ordinances, provides such services.
C. The provisions of this section shall also apply to cities and towns incorporated under article 3 of this Chapter
The methods for implementing local sales and property taxes are among the most often asked questions during the incorporation process. Each of these taxes involves a different procedure for implementation. To establish a primary property tax a city or town must submit the proposed amount to be raised from the tax to the voters at an election to be held on the third Tuesday in May. This amount will constitute the base for all future levies. If the voters approve the tax, the city or town council may levy the amount approved for the fiscal year immediately following the election. If the voters disapprove the levy, the council may not levy a primary property tax for that year nor may they levy one in the future unless the voters first approve the levy.
In addition, a city or town that incorporates must give proper notice before levying a property tax in the next fiscal year. State law requires that notice must be given to the Department of Revenue and the appropriate county assessor. A mop showing the boundaries of the newly incorporated area should be included along with the report. This notice must be given by November 1 of the year prior to the fiscal year when the tax is levied.
A common concern among communities which are considering incorporation is that a local property tax will automatically follow. This has not been the case; out of sixteen cities and towns incorporated during the period from 1980 to 2010, two have initiated a primary property tax. Two of the cities and towns incorporated during this period have adopted a secondary property tax, a tax which may only be used to pay the principal and interest charges on voter-approved bonds. Less than sixty percent of all incorporated cities and towns have a local primary property tax, twenty-five percent of all the incorporated cities and towns have a local secondary property tax and forty-four percent have neither a primary or secondary property tax. The primary property tax rates in 2010 range from a high $6.30 to a low of a penny and the secondary rates range from a high of $1.46 to a low of $.12.
A local sales tax can be passed by ordinance by the city or town council. Authority for a local sales tax is contained in state law; a vote of the people to initiate is not required. All cities and towns including those recently incorporated have enacted a local sales tax, and the sales tax rates range from 1.5% to 4%. Some of the explanation for the difference between the use of the sales tax versus the property tax by these newly incorporated communities is that the sales tax is a method of taxation where the burden does not lie solely with the residents of the community as out of town visitors must also pay the tax.
# 1 Beginning at a point on the Northwest corner of Section 15 within Township 2 North Range 6 West
#2 Thence, in a due South direction along the East line of Section 15 to the South easement at the Northeast Corner of Section 3 Township 1 North Range 6 West
#3 Thence, in a due East direction along the South Boundary of the easement of McDowell Road within Section 3 Township 1 North Range 6 West to the South of the Right of Way of Interstate 10 (I-10) within Section 5 Section 8 Township 1 North Range 5 West
#4 Thence, in a Southeast direction along the South Right of Way of Interstate 10 (I-10) within Section 5 Township 1 North Range 5 to the West easement of 339th Avenue within Section 5 of Township 1 North and Range 5 West
#5 Thence, in a due South direction along the West easement of 339th Avenue within Section 5 Township 1 Range 5 West to the North easement of Baseline Road within Section 32 of Township 1 North and Range 5 West
#6 Thence, in a due West direction along the North easement of Baseline Road within Section 32 Township 1 North Range 5 West to the East easement of 367th Avenue within Section 35 of Township 1 North and Range 6 West
#7 Thence, in a due North direction along the East easement of 367th Avenue within Section 35 Township 1 Range 6 West to the South easement of Salome Highway within Section 23 of Township 1 North and Range 6 West
#8 Thence, in a Northwest direction along the South easement of Salome Highway within Section 23 of Township 1 North Range 6 West to the West easement of the Southwest quarter of Section 23 to the South line of said Section 23 of Township 1 North Range 6 West
#9 Thence, In a due South direction along the West easement of the Southwest quarter of Section 23 to the North easement of Broadway Road within Section 23 of Township 1 North Range 6 West
#10 Thence, in a due West direction along the North Easement of Broadway Road within Section 23 of Township 1 North Range 6 West to the West easement of 375th Avenue within Section 22 of Township 1 North Range 6 West
#11 Thence, in a due South direction along the West easement of 375th Avenue within Section 22 of Township 1 North Range 6 West
#12 Thence, in a due West direction along the North easement of Roeser Road within Section 27 Township 1 Range 6 West to the North easement of Wintersburg Road within Section 28 Township 1 North Range 6 West
#13 Thence, in a due South direction along the West easement of Wintersburg Road within Section 28 Township 1 North Range 6 West to the North easement of Elliot Road within Section 9 Township 1 South Range 6 West
#14 Thence, in a due West direction along the North easement of Elliot Road within Section 9 Township 1 South Range 6 West to the East easement of 411th Avenue within Section 12 Township 1 South Range 7 West
#15 Thence, in a due North direction along the easement of 411th Avenue within Section 12 Township 1 South Range 7 West to the South easement of Dobbins Road within Section 12 Township 1 South Range 7 West
#16 Thence, in a East direction along the South easement of Dobbins Road within Section 12 Township 1 South Range 7 West to the easement of 403rd Avenue within Section 7 Township 1 South Range 6 West
#17 Thence, in a due North direction along the East easement of 403rd Avenue within Section 7 Township 1 South Range 6 West to the North easement of Buckeye Road within Section 7 of Township 1 North Range 6 West
#18 Thence, in a due West direction along the North easement of Buckeye Road within Section 7 of Township 1 North Range 6 West to the East easement of 411th Avenue within Section 12 Township 1 North Range 6 West
#19 Thence, in a due North direction along the East easement of 411th Avenue within Section 12 Township 1 North Range 7 West to the North easement of Van Buren Street within Section 1 Township 1 North Range 7 West
#20 Thence, in a due West direction along the North easement of Van Buren Street within Section 1 Township 1 North Range 7 West to the East easement of 443rd Avenue within Section 5 Township 1 North Range 7 West
#21 Thence, in a due North direction along East easement of 443rd Avenue within Section 5 Township 1 North Range 7 West to the South easement of Bethany Home Road within Section 17 Township 2 North Range 7 West
#22 Thence, in a due East direction along the South easement of Bethany Home Road within Section 17 Township 2 North Range 7 West to the East easement of 427th Avenue within Section 15 of Township 2 North Range 7 West
#23 Thence, in a due West direction along the North easement of Van Buren within Section 1 Township 1 North Range 7 West to the East easement of 443rd Avenue within Section 5 Township 1 North Range 7 West
#24 Thence, in a due East direction along the South easement of Glendale Avenue within Section 10 of Township 2 Range 7 West to the West easement of 395th Avenue within Section 7 Township 2 North Range 6 West
#25, in a due South direction along the West easement of 395th Avenue within Section 7 Township 2 North Range 6 West to the South easement of Camelback Road within Section 19 Township 2 North Range 6 West
#26 Thence, in a due East direction along the South easement of Camelback Road within Section 19 Township 2 North Range 6 West the East easement of 391st Avenue within Section 20 Township 2 North Range 6 West
#27 Thence, in a due North direction along the East easement of 391st Avenue within Section 20 Township 2 North Range 6 West to the South easement of Missouri Avenue within Section 17 of Township 2 North Range 6 West
#28 Thence, in a due East direction along the South easement of Missouri Avenue within Section 17 of Township 2 North Range 6 West to the East easement of 387th Avenue within Section 16 of Township 2 North Range 6 West
#29 Thence, in a due North direction along the East easement of 387th Avenue for 330 feet within Section 16 of Township 2 North Range 6 West
#30 Thence, continuing in a due North direction along the East easement of 387th Avenue within Section 16 Township 2 North Range 6 West to the South easement of Bethany Home Road within Section 16 of Township 2 North Range 6 West
#31 Thence, in a due East direction along the South easement of Bethany Home Road within Section 16 of Township 2 North Range 6 West To The Point Of The Beginning, said point beginning the West easement of 271st Avenue at Northwest corner of Section 15 of Township 2 North Range 6 West
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